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Home / Opinion Digests / Criminal Practice / Criminal Practice  – Assault Inflicting Serious Bodily Injury – Habitual Misdemeanor Assault – Underlying Assault (access required)

Criminal Practice  – Assault Inflicting Serious Bodily Injury – Habitual Misdemeanor Assault – Underlying Assault (access required)

Since defendant was convicted of felony assault inflicting serious bodily injury based on the same conduct as his conviction of misdemeanor assault inflicting serious injury, the trial court could not impose judgment or sentence for assault inflicting serious injury, a lesser class of assault arising from the same conduct. Accordingly, the trial court was then ...

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